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2025 DAILYLAW 33613 (RAJ)

MURARILAL S/O PRABHUDAYAL v. STATE OF RAJASTHAN

CRLAS/3160/2024 · 2025-02-12

Anil Kumar Upman

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:6290] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 3160/2024 1. Murarilal S/o Prabhudayal, Aged About 52 Years, R/o Dhani Bathotha Police Station Nangal Chaudhary District Mahendragarh (Haryana). 2. Rohit Kumar S/o Murarilal, Aged About 24 Years, R/o Dhani Bathotha Police Station Nangal Chaudhary District Mahendragarh (Haryana). (At Present Accused Confined In Jail Alwar). ----Appellants Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Santosh Devi W/o Rajendra, R/o Dhani Bathotha Nangal Chaudhary Mahendragarh Haryana. ----Respondents For Appellant(s) : Mr. R.R. Goyal For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 12/02/2025 1. This instant appeal has been filed under Section 14(2)(A) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 20.11.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, District Alwar in Bail Application No.576/2024 (CIS No.473/2024) rejecting the bail application preferred on behalf of the appellants, who are in custody in connection with FIR No.245/2024 registered at Police Station Behror Sadar, District Kotputli-Behror for the offences under Sections 189(2), 115(2) & 126(2) of BNS and Sections 3(1)(r) & 3(1)(s) of SC/ST Act. Charge-sheet has been filed for offences [2025:RJ-JP:6290] (2 of 3) [CRLAS-3160/2024] punishable under Sections 115(2), 126(2) & 117(2) of BNS and Sections 3(1)(r), 3(2)(va) & 3(1)(s) of SC/ST Act. 2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. It is contended that except offences under the Atrocities Act, all other offences are bailable in nature. Learned counsel submits that appellants have no criminal antecedents and they are in custody since 14.11.2024. Charge-sheet has been filed and trial of the case will take considerable time. Further custody of the appellants would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor oppose the prayer of bail made in this appeal. Despite information, none has put in appearance on behalf of the victim/complainant to oppose this appeal. 4. Heard. Perused the material available on record. 5. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for the appellants as also considering the fact that appellants have no criminal antecedents; charge-sheet has been filed as well as looking to the custody period, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the appellants on bail. 6. Consequently, these instant appeal is allowed. The impugned order dated 20.11.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar is set aside. It is ordered that the accused-appellants (1) Murarilal S/o Prabhudayal, & (2) Rohit Kumar S/o Murarilal, arrested in connection with [2025:RJ-JP:6290] (3 of 3) [CRLAS-3160/2024] aforesaid FIR No. 245/2024 registered at Police Station Behror Sadar, District Kotputli-Behror, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so. (ANIL KUMAR UPMAN), J CHARU SONI /221